Power of Authority temporarily to prohibit or restrict traffic on roads

115.

—(1) Subject to this section, if the Authority is satisfied that traffic on any road should, by reason of any construction works or works of repair being required or being in progress on, over or under the road, be restricted or prohibited, the Authority may, if it thinks fit, restrict or prohibit the use of that road or any part thereof by vehicles or by vehicles of any particular class or description to such extent and subject to such conditions or exceptions as the Authority may consider necessary.

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(2) The Authority shall cause a notice to be issued to the general public or to such persons as the Authority may determine, informing them of the prohibition or restriction and of the alternative route or routes, if any, available for traffic.

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(3) A notice under subsection (2) shall be issued in such form and manner and for such period as the Authority thinks fit.

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(4) So long as any restriction or prohibition made under this section is in force, a notice stating the effect thereof and describing any alternative route or routes available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the restriction or prohibition relates and at the points at which it will be necessary for vehicles to diverge from the road.

(5) The Authority may at any time by notice restrict or prohibit temporarily the use of any road or part thereof by vehicles or by vehicles of any particular class or description where, owing to the likelihood of danger to the public or of serious damage to the road or part thereof, it appears to the Authority to be necessary that such restriction or prohibition should come into force without delay.

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(6) Any such notice shall describe the alternative route or routes, if any, available for traffic and shall be issued in such form and manner and for such period as the Authority thinks fit.

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(7) Where the Authority has issued a notice under subsection (6), the Authority may, before the expiration of the period referred to in that subsection, proceed to make a restriction or prohibition under subsection (1) with respect to the same road or part thereof.

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(7A) For the purposes of subsection (1), any person who intends to carry out any construction works or works of repair on, over or under the road shall give notice to the Authority in the prescribed form and manner, and within the prescribed time before the commencement of the works, failing which he shall be guilty of an offence.

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(8) Any person who uses or causes or permits the use of a vehicle in contravention of any restriction or prohibition imposed under this section shall be guilty of an offence.

(9) The Authority may, with the approval of the Minister, make rules for carrying out or giving effect to this section, and in particular, for prescribing —

(a)

the form and manner in which, and the period within which, a notice referred to in subsection (7A) is to be given to the Authority;

(b)

the documents, information and indemnity to be given to the Authority together with the notice referred to in subsection (7A);

(c)

the duties of —

(i)

the person carrying out any construction works or works of repair on, over or under any road or part thereof; or

(ii)

the person for whom such works are being carried out,

in relation to the restriction or prohibition of the use of that road or part thereof by vehicles or by vehicles of any particular class or description; and

(d)

the penalties (not exceeding those provided by section 131) for any breach or failure to comply with any such rules.

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(10) Where any construction works or works of repair are being carried out on, over or under any road or part thereof, an employee of the Authority, may at any time without notice, enter upon the site of the works to —

(a)

inspect the measures that have been put in place for the regulation or diversion of traffic in connection with the restriction or prohibition of the use of that road or part thereof arising from such works, in order to ensure that such measures are suitable and adequate; and

(b)

give such directions as he thinks necessary to the person carrying out the works or for whom the works are being carried out in relation to the restriction or prohibition of the use of that road or part thereof by vehicles or by vehicles of any particular class or description.

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(11) A person shall be guilty of an offence if he —

(a)

refuses to give access to or obstructs or hinders an employee of the Authority who is carrying out any inspection under subsection (10)(a); or

(b)

fails to comply with any direction given to him by an employee of the Authority under subsection (10)(b).

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History for Provision
'115 Power of Authority temporarily to prohibit or restrict traffic on roads'.